Discussion
Recently received notice of impending prosecution for doing 36 in a 30. Asked for photographic evidence (got that) and proof that the camera was correctly set up (received that as well). So far I have not signed the S172. Is it worth pursuing this through magistrates court and risk getting more than 3 points, or should I give in. Advice or opinions gratefully received!
DeMolay said:
If, on the other hand, you're one of these people who go to court because you feel aggrieved then be prepared to be handed a stiffer penalty.
Going to Court *shouldn't* mean a stiffer penalty - it's something we are all entitled to - a fair trial - and the outcome should be the same. The fact that the Scamera/Plod try to short cut the process in the hope of reducing costs so they get more money is simply unfair practice.
It's a con, more money, more money, more money, more money, more money, more money, more money, more money, more money, more money, more money, more money, more money, more money, more money . . .
Go out and mug a few people, do a spot of shoplifting and add a dash of mindless vandalism... in the unlikely event of being caught, go to court wearing a tracksuit and baseball cap, get a brief on legal aid who'll claim that its to do with your disadvantaged background and you promise not to do it again, you'll get away with a derisory fine to be paid at £1.50 a week out of your dole and maybe have to clean a bus shelter...
However, as for 36 in a 30... you're f
d 
However, as for 36 in a 30... you're f
d Ignore it, if they send another ignore that. Then say you sent it back, lost it,never rec'd it. Just be bloody awkward and act dumb, they might give up. If in the end you eventually pay uP. What have you lost? 3 points & 60 quid. After all that you'll get the satisfaction that it's cost them more than £60 in admin to get £60 so they have lost and are running at a loss in your case.
outrider said:
Ignore it, if they send another ignore that. Then say you sent it back, lost it,never rec'd it. Just be bloody awkward and act dumb, they might give up. If in the end you eventually pay uP. What have you lost? 3 points & 60 quid. After all that you'll get the satisfaction that it's cost them more than £60 in admin to get £60 so they have lost and are running at a loss in your case.
Though I don't doubt this may work, it's perverting the course of justice. That particular offence carries a custodial sentence. I wouldn't recommend this line of attack/defence(?) at all.
SWIM was NIPd 41 in a 30, named himself as the driver. Received the usual 3pts/60 offer, thought he'd sent it back but hadn't and forgot about it, that was 2 years ago. He never heard a peep out of them since. Chances are if it had gone to court all he would have got was a bigger fine.
At 36 in a 30 he'd be tempted to try the same again, they surely have bigger fish to fry than 36 in a 30. The CPS might not even pursue that but hey I'm not an expert, just my empirical experience.
At 36 in a 30 he'd be tempted to try the same again, they surely have bigger fish to fry than 36 in a 30. The CPS might not even pursue that but hey I'm not an expert, just my empirical experience.
DeMolay said:
Ignore it, if they send another ignore that. Then say you sent it back, lost it,never rec'd it. Just be bloody awkward and act dumb, they might give up. If in the end you eventually pay uP. What have you lost? 3 points & 60 quid. After all that you'll get the satisfaction that it's cost them more than £60 in admin to get £60 so they have lost and are running at a loss in your case.
Though I don't doubt this may work, it's perverting the course of justice. That particular offence carries a custodial sentence. I wouldn't recommend this line of attack/defence(?) at all.
Difficult for THEM to prove PCJ in a case like this.
jacky-uk said:
I don't believe I was doing 36- but if they think they have got the evidence then I don't stand much chance do I?
I thought, and someone please correct me if I'm wrong here, that the law allows 10% plus 2 mph for speedo inaccuracy?
So if you were trundling along at a true 36mph the law would allow that your speedo was registering 31 mph. (or of course 41, but then you wouldn't knowingly be doing stuff like that now, would you
) Could you not argue that an indicated 31 in a 30mph zone, is surely not an offense punishable by 6 points & leathal injection. And maybe point out that the law quite happily allows 80plus mph over the speed limit in certain circumstances. As long as your testing out your new motor that is
wizzpig said:
So if you were trundling along at a true 36mph the law would allow that your speedo was registering 31 mph.
1. Speedo can't under-read.
2. 10% + 2mph, is the generally accepted threshold at which the BIB take action, not necessarily the assumed speedo inaccuracy.
3. For the sake of arguement, say the speedo over reads by 10% (in my experience, the average is about 4-5% optimistic), a true 36mph would be an indicated 40mph.
Or have I got it all bass-ackwards
>> Edited by t0ny99 on Thursday 16th June 10:24
t0ny99 said:Nope, you got it fit-torwards
1. Speedo can't under-read.
2. 10% + 2mph, is the generally accepted threshold at which the BIB take action, not necessarily the assumed speedo inaccuracy.
3. For the sake of arguement, say the speedo over reads by 10% (in my experience, the average is about 4-5% optimistic), a true 36mph would be an indicated 40mph.
Or have I got it all bass-ackwards
DeMolay said:
Ignore it, if they send another ignore that. Then say you sent it back, lost it,never rec'd it. Just be bloody awkward and act dumb, they might give up. If in the end you eventually pay uP. What have you lost? 3 points & 60 quid. After all that you'll get the satisfaction that it's cost them more than £60 in admin to get £60 so they have lost and are running at a loss in your case.
Though I don't doubt this may work, it's perverting the course of justice. That particular offence carries a custodial sentence. I wouldn't recommend this line of attack/defence(?) at all.
As they do not use registered post to send the NIP and the reply presumably is not registered there is no way they can prove that you received it. Once you should get away with, twice is more unlikely.
There is always the risk that this will be taken to court, but the mailing procedure of the Speed Camera lot is by no means water tight.
They have six monthe to nail you after the alleged offence so any delay will help.
timtonal said:
outrider said:
Ignore it, if they send another ignore that. Then say you sent it back, lost it,never rec'd it. Just be bloody awkward and act dumb, they might give up. If in the end you eventually pay uP. What have you lost? 3 points & 60 quid. After all that you'll get the satisfaction that it's cost them more than £60 in admin to get £60 so they have lost and are running at a loss in your case.
Though I don't doubt this may work, it's perverting the course of justice. That particular offence carries a custodial sentence. I wouldn't recommend this line of attack/defence(?) at all.
As they do not use registered post to send the NIP and the reply presumably is not registered there is no way they can prove that you received it. Once you should get away with, twice is more unlikely.
There is always the risk that this will be taken to court, but the mailing procedure of the Speed Camera lot is by no means water tight.
They have six monthe to nail you after the alleged offence so any delay will help.
A PCJ charge would entail a trial by jury, would you convict if you were a member of the jury??? I would think the pre-dominant hate of scamera partnerships would guarantee an aquittal - with loads of costs
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